HomeMy WebLinkAboutRESOLUTION - 17-21 - 2/23/2021 - Gullo Properties Annexation AgreementRESOLUTION NO. 17-21
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE ANANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK
GROVE VILLAGE AND CHICAGO TITLE LAND TRUST COMPANY, AS TRUSTEE
UNDER THE TRUST AGREEMENT DATED OCTOBER 10, 2017, AND KNOWN AS
TRUST NO.8002376072, CHICAGO TITLE LAND TRUST COMPANY, AS TRUSTEE
UNDER THE TRUST AGREEMENT DATED AUGUST 8, 2018, AND KNOWN AS
TRUST NO.8002378737, CHICAGO TITLE LAND TRUST COMPANY, AS TRUSTEE
UNDER THE TRUST AGREEMENT DATED NOVEMBER 2, 2004, AND KNOWN AS
TRUST NO. 133485, CHICAGO TITLE LAND TRUST COMPANY, AS TRUSTEE
UNDER THE TRUST AGREEMENT DATED NOVEMBER 11, 2013, AND KNOWN AS
TRUST NO.8002363357, CHICAGO TITLE LAND TRUST COMPANY, AS TRUSTEE
UNDER THE TRUST AGREEMENT DATED NOVEMBER 11, 2013, AND KNOWN AS
TRUST NO.8002363356, CHICAGO TITLE LAND TRUST COMPANY, AS TRUSTEE
UNDER THE TRUST AGREEMENT DATED JULY 26, 2006, AND KNOWN AS TRUST
NO.8002347031 AND AGG PROPERTIES LLC (HIGGINS/ROPPOLO/RICHARD)
WHEREAS, on February 23, 2021, a public hearing was held pursuant to Section 65
ILCS 5111-15.1, et seq. of the Illinois Municipal Code to consider the approval of an Annexation
Agreement between the Village of Elk Grove Village and the designated owners of property to
be annexed to the Village; and
WHEREAS, as a result of the testimony and evidence presented at said public hearing, the
Mayor and Board of Trustees of the Village of Elk Grove Village find and believe it to be in the
best interest of the Village that the Annexation Agreement between the Village and designated
owners be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to sign an Annexation Agreement
between the Village of Elk Grove Village and the designated owners which is attached hereto
and made a part hereof and the Village Clerk is authorized to attest said document upon the
signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after its passage
and approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 23rd day of February 2021.
APPROVED this 23rd day of February 2021.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
This Document was Prepared by, and
When Recorded Return to:
Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, IL 60007
Attention: Village Attorney
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT (this "Agreement") is entered into as of the _ day
of February, 2021 (the "Effective Date"), between the VILLAGE OF ELK GROVE VILLAGE,
an Illinois home rule municipal corporation (the "Village"), and CHICAGO TITLE LAND
TRUST COMPANY, AS TRUSTEE UNDER THE TRUST AGREEMENT DATED OCTOBER
10, 2017, AND KNOWN AS TRUST NO. 8002376072, CHICAGO TITLE LAND TRUST
COMPANY, AS TRUSTEE UNDER THE TRUST AGREEMENT DATED AUGUST 8, 2018,
AND KNOWN AS TRUST NO. 8002378737, CHICAGO TITLE LAND TRUST COMPANY,
AS TRUSTEE UNDER THE TRUST AGREEMENT DATED NOVEMBER 2, 2004, AND
KNOWN AS TRUST NO. 133485, CHICAGO TITLE LAND TRUST COMPANY, AS
TRUSTEE UNDER THE TRUST AGREEMENT DATED NOVEMBER 11, 2013, AND
KNOWN AS TRUST NO. 8002363357, CHICAGO TITLE LAND TRUST COMPANY, AS
TRUSTEE UNDER THE TRUST AGREEMENT DATED NOVEMBER 11, 2013, AND
KNOWN AS TRUST NO. 8002363356, CHICAGO TITLE LAND TRUST COMPANY, AS
TRUSTEE UNDER THE TRUST AGREEMENT DATED JULY 26, 2006, AND KNOWN AS
TRUST NO. 8002347031 and AGG PROPERTIES LLC, an Illinois limited liability company
(collectively, the "Owners") (the Village and each of the Owners individually are a "Party" and
collectively are the "Parties").
In consideration of the representations and mutual promises contained in this Agreement,
and other good and valuable consideration, the receipt and sufficiency of which the Parties
acknowledge and agree, the Parties hereby agree as follows:
1. Recitals.
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A. The Owners own certain real property located in unincorporated Cook
County legally described on Exhibit A attached to this Agreement (the "Property").
B. Pursuant to the provisions of that certain Settlement Agreement, dated as of
December 8, 2020, between the Parties, the Parties enter into this Agreement to provide for the
terms pursuant to which the Property, or portions thereof, may be annexed by the Village.
C. The Parties enter into this Agreement pursuant to Division 15.1 of Article
11 of the Illinois Municipal Code, 65 ILCS 15.1-1 et seq. (the "Statute").
D. The Village and the Owners have determined that the annexation of the
Property in accordance with the provisions of this Agreement are in the best interest of the Village
and the Owners.
E. The Board of Trustees of the Village (the "Board") has given all notices
and held all public hearings required by the Statute to be given and held before the execution of
this Agreement by the Village, and the Village has taken all other actions legally required to be
taken to approve, execute, and deliver this Agreement.
F. The Board has adopted, by a vote of at least two-thirds of the members of
the Board, an ordinance authorizing the Village to execute this Agreement.
2. Annexation.
A. Owners' Right to Petition for Annexation. At all times during the term of
this Agreement, any or all of the Owners shall have the right, but not the obligation, to file with
the Village a petition for annexation ("Petition") requesting the Village to annex, pursuant to
Section 7-1-8 of the Illinois Municipal Code, 65 ILCS 5/7-1-8, all or any portion of the Property
that is then contiguous with the corporate boundaries of the Village ("Petition Property").
B. Village's Obligation to Annex. If, at any time during the term of this
Agreement, any of the Owners file a petition with the Village seeking the annexation by the Village
of any Petition Property owned by such Owners, the Village shall, within 90 days after receipt of
the Petition, take all actions required under applicable law to validly and effectively annex the
Petition Property pursuant to 65 ILCS 5/7-1-8. Before any Petition Property is annexed pursuant
to this Section 2.13, the Parties shall diligently and in good faith attempt to negotiate mutually
agreed terms that will govern the Petition Property upon and after annexation. In the event that
the Owners and the Village are not able in good faith to mutually agree upon such terms, upon and
after annexation of the Petition Property all uses and structures in existence on the Petition Property
on the date that the Village received the Petition shall be legal nonconforming uses and structures
and shall be permitted to remain unless and until such legal nonconforming uses and structures are
substantially changed or abandoned. For the purpose of this Agreement, "substantially changed"
means greater than 50 percent and "abandoned" means continuous cessation of a legal
nonconforming use for a period greater than 12 months.
C. No Other Annexation of the Property-, No Condemnation. Except in
accordance with the specific provisions of Section 2.13 of this Agreement, the Village shall not,
pursuant to any provision of Article 7, Division 1 of the Illinois Municipal Code, 65 ILCS 5/7-1-
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I et seq., including, without limitation, Section 7-1-13 of the Illinois Municipal Code, annex, or
take any actions in furtherance of the annexation of, the Property, or any part thereof. The Village
shall not condemn, or take any action in furtherance of the condemnation of, the Property, or any
part thereof, pursuant to the Village's power of eminent domain.
D. No Extraterritorial Control Over Property. Notwithstanding the provisions
of Section 11-15.1-2.1 of the Illinois Municipal Code, 65 ILCS 5/11-15.1-2.1, the Village agrees,
in the exercise of its home rule power, that, at all times during which any portions of the Property
have not been annexed by the Village and remain unincorporated: (i) those portions of the Property
shall not be subject to the ordinances, control, and jurisdiction of the Village; and (ii) the Village
shall not in any way assert that those portions of the Property are subject to, or attempt to enforce
with respect to those portions of the Property, the ordinances, control, and jurisdiction of the
Village, including the Village's extraterritorial planning jurisdiction.
3. Cooperation. The Parties agree to cooperate in good faith in connection with the
exercise of their respective rights and the performance of their respective obligations under this
Agreement. Any cooperation by the Village that exceeds the performance of its obligations set
forth in the other provisions of this Agreement shall be at no cost to the Village.
4. Representations, Warranties, and Covenants. Each Party, with respect to itself,
represents, warrants, and covenants that:
A. The Party has all necessary legal and corporate authority to enter into this
Agreement and to perform its respective obligations under this Agreement, and the person
executing this Agreement on behalf of the Party is duly authorized to bind, and has the legal
capacity to execute, this Agreement on behalf of the Party;
B. This Agreement is a valid and binding agreement, enforceable against the
Party in accordance with its terms; and
C. The Party shall not take or omit to take any action that could adversely affect
its authority to enter into this Agreement and perform its obligations under this Agreement
5. Term. Pursuant to the Statute, the term of this Agreement is 20 years, commencing
on the Effective Date.
6. Recordation. Within 30 days after the full execution and delivery of this
Agreement, the Village shall, at no cost to the Owners, record this Agreement against the Property
with the office of the Cook County Recorder of Deeds.
7. Covenant Running with the Land; Binding Effect. The provisions of this
Agreement are covenants running with the Property and are binding upon and inure to the benefit
of each of the Parties and each of their respective grantees, mortgagees, lessees, successors, and
assigns.
8. Enforcement. In the event that any Party to this Agreement does not perform its
obligations in accordance with the provisions of this Agreement, the other Party or Parties may
enforce this Agreement by an action or other proceeding for injunctive relief, specific performance,
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and/or mandamus. If any action or other proceeding is commenced to enforce any of the terms of
this Agreement, the prevailing party shall be awarded reasonable attorneys' fees, costs, and
expenses, in addition to any other relief granted.
9. General Provisions.
A. Conflicts. In the event that any provision of this Agreement conflicts with
any provision of any resolution, ordinance, or other agreement of the Village in effect on and after
the Effective Date, this Agreement shall control.
B. Entire Agreement. This Agreement is the complete Agreement between the
Parties regarding the subject matter of this Agreement and supersedes any and all prior and
contemporaneous written and oral communications, agreements, and understandings. With
respect to the subject matter of this Agreement, this Agreement sets forth all promises, agreements,
conditions, inducements, understandings, representations and warranties between the Parties, and
there are no promises, agreements, conditions, inducements, representations or warranties, express
or implied, between the Parties, other than as specifically set forth herein.
C. Amendments and Modifications. No amendment of or modification to this
Agreement shall be valid and binding against the Parties unless agreed to in writing and executed
and delivered by all of the Parties in accordance with the requirements of the Statute and any other
applicable law.
D. Notices. Any notice to a Party under this Agreement shall be in writing by
U.S. Certified Mail, return receipt requested, or by overnight delivery service by a reputable
delivery company, such as Federal Express, UPS, or United States Parcel Service. Until further
notification by written notice in the manner required by this Section 9.13, notices to the Parties
shall be delivered to the following addresses:
If to the Village: Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, IL 60007
Attention: Village Administrator
With a copy to: Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, IL 60007
Attention: Village Attorney
If to the Owners: George Gullo Development Corporation
2050 E. Higgins Road
Elk Grove Village, IL 60007
Attention: Mario Gullo
With a copy to: Taft Stettinius & Hollister LLP
I I I E. Wacker Drive, Suite 2800
Chicago, IL 60601
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Attention: Joseph P. Gattuso and Karl D. Camillucci
With a copy to: Michael A. Alesia & Associates, P.C.
1701 Woodfield Road, #925
Schaumburg, IL 60173
Attention: Michael A. Alesia
E. Effect on Vested Rights. This Agreement does not abrogate any rights
established or preserved by any applicable law that have vested or may vest pursuant to common
law or otherwise.
F. Further Assurances. Upon the request of another Party, each Party agrees
to furnish to the other Party such information, execute and deliver to the other Party such
documents, and do such other acts and things, all as reasonably required for the purpose of carrying
out the purposes of this Agreement.
G. No Personal Liability. The Parties acknowledge and agree that the
individuals who are members of the corporate authorities of the Village and the members,
managers, directors, [attorneys] and beneficiaries of the Owners are entering into this Agreement
in their official and corporate capacities and shall have no personal liability in their individual
capacities.
H. Counterparts. This Agreement may be executed in as many counterparts as
may be deemed necessary and convenient, and by the Parties in separate counterparts, each of
which, when so executed, shall be deemed an original, but all such counterparts shall constitute
one and the same instrument. A scanned or photocopy signature on this Agreement, any
amendment hereto or any notice delivered hereunder shall have the same legal effect as an original
signature.
I. Non -Waiver. Neither Party may waive any condition or breach of any
representation, provision, covenant, or condition of this Agreement, except in a writing signed by
the waiving Party and specifically describing the representation, provision, covenant, or condition
waived. The waiver by either Party of any condition or breach of any representation, provision,
covenant, or condition contained in this Agreement shall not be deemed to be a waiver of any other
representation, provision, condition, or covenant or of any subsequent breach of the same or of
any other representation, provision, condition, or covenant of this Agreement.
J. Governing Law and Venue. This Agreement shall be governed by the laws
of the State of Illinois, irrespective of conflicts of law rules. Any judicial proceeding to enforce
the provisions of this Agreement shall be filed in the Circuit Court of Cook County.
K. Remedies Cumulative. The Parties' rights and remedies hereunder shall be
cumulative. The exercise of any rights or remedies shall not preclude enforcement of other rights
and remedies or waive other rights and remedies.
L. Effective Date. Upon full execution and delivery by the Parties, this
Agreement shall be effective upon and after the Effective Date set forth above.
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M. Severability. In the event that any term, covenant or provision of this
Agreement shall be held by a court of competent jurisdiction to be invalid or against public policy,
that term, covenant or provision shall be severable and the remaining provisions of this Agreement
shall remain in full force and effect.
[SIGNATURE PAGES FOLLOW]
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IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date
stated above.
CHICAGO TITLE LAND TRUST COMPANY,
AS TRUSTEE UNDER THE TRUST
AGREEMENT DATED OCTOBER 10, 2017,
AND KNOWN AS TRUST NO. 8002376072
By: Biesterfield Partners, LLC
Its: Beneficiary
By:
Mario Gullo
Its: Manager
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
The foregoing instrument was acknowledged before me this day of February, 2021, by Mario
Gullo, as the Manager of Biesterfield Partners, LLC, an Illinois limited liability company, which is the
beneficiary of Chicago Title Land Trust Company, as Trustee under the Trust Agreement dated October
10, 2017, and known as Trust No. 8002376072, which person is personally known to me to be the same
person whose name is subscribed to the foregoing instrument, appeared before me this day in person and
acknowledged that he/she signed and delivered the said instrument as his/her own free and voluntary act,
and as the free and voluntary act of said limited liability company, for the uses and purposes therein set
forth.
GIVEN under my hand and Notarial Seal this day of February, 2021.
Notary Public
My commission expires:
[NOTARY SEAL OR STAMP]
[Signature page to Annexation Agreement]
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CHICAGO TITLE LAND TRUST COMPANY,
AS TRUSTEE UNDER THE TRUST
AGREEMENT DATED AUGUST 8, 2018, AND
KNOWN AS TRUST NO. 8002378737
By: Gullo Property, LLC
Its: Beneficiary
By:
Mario Gullo
Its: Manager
STATE OF ILLINOIS
) SS
COUNTY OF COOK )
The foregoing instrument was acknowledged before me this day of February, 2021, by Mario
Gullo, as the Manager of Gullo Property, LLC, an Illinois limited liability company, which is the
beneficiary of Chicago Title Land Trust Company, as Trustee under the Trust Agreement dated August
8, 2018, and known as Trust No. 8002378737, which person is personally known to me to be the same
person whose name is subscribed to the foregoing instrument, appeared before me this day in person and
acknowledged that he/she signed and delivered the said instrument as his/her own free and voluntary act,
and as the free and voluntary act of said limited liability company, for the uses and purposes therein set
forth.
GIVEN under- my hand and Notarial Seal this day of February, 2021.
Notary Public
My commission expires:
[NOTARY SEAL OR STAMP]
[Signature page to Annexation Agreement]
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STATE OF ILLINOIS
) SS
COUNTY OF COOK
CHICAGO TITLE LAND TRUST COMPANY,
AS TRUSTEE UNDER THE TRUST
AGREEMENT DATED NOVEMBER 2, 2004,
AND KNOWN AS TRUST NO. 133485
By: Elmhurst Landmeier Property, LLC
Its: Beneficiary
By:
Mario Gullo
Its: Manager
The foregoing instrument was acknowledged before me this day of February, 2021, by Mario
Gullo, as the Manager of Elmhurst Landmeier Property, LLC, an Illinois limited liability company, which
is the beneficiary of Chicago Title Land Trust Company, as Trustee under the Trust Agreement dated
November 2, 2004, and known as Trust No. 133485, which person is personally known to me to be the
same person whose name is subscribed to the foregoing instrument, appeared before me this day in person
and acknowledged that he/she signed and delivered the said instrument as his/her own free and voluntary
act, and as the free and voluntary act of said limited liability company, for the uses and purposes therein
set forth.
GIVEN under my hand and Notarial Seal this day of February, 2021.
Notary Public
My commission expires:
[NOTARY SEAL OR STAMP]
[Signature page to Annexation Agreement]
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STATE OF ILLINOIS
) SS
COUNTY OF COOK
CHICAGO TITLE LAND TRUST COMPANY,
AS TRUSTEE UNDER THE TRUST
AGREEMENT DATED NOVEMBER 11, 2013,
AND KNOWN AS TRUST NO. 8002363357
By: Higgins Roppolo, LLC
Its: Beneficiary
By:
Mario Gullo
Its: Manager
The foregoing instrument was acknowledged before me this day of February, 2021, by Mario
Gullo, as the Manager of Higgins Roppolo, LLC, an Illinois limited liability company, which is the
beneficiary of Chicago Title Land Trust Company, as Trustee under the Trust Agreement dated
November 11, 2013, and known as Trust No. 8002363357, which person is personally known to me to
be the same person whose name is subscribed to the foregoing instrument, appeared before me this day
in person and acknowledged that he/she signed and delivered the said instrument as his/her own free and
voluntary act, and as the free and voluntary act of said limited liability company, for the uses and
purposes therein set forth.
GIVEN under my hand and Notarial Seal this day of February, 2021.
Notary Public
My commission expires:
[NOTARY SEAL OR STAMP]
[Signature page to Annexation Agreement]
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STATE OF ILLINOIS
) SS
COUNTY OF COOK
CHICAGO TITLE LAND TRUST COMPANY,
AS TRUSTEE UNDER THE TRUST
AGREEMENT DATED NOVEMBER 11, 2013,
AND KNOWN AS TRUST NO. 8002363356
By: Roppolo Drive, LLC
Its: Beneficiary
By:
Mario Gullo
Its: Manager
The foregoing instrument was acknowledged before me this day of February, 2021, by Mario
Gullo, as the Manager of Roppolo Drive, LLC, an Illinois limited liability company, which is the
beneficiary of Chicago Title Land Trust Company, as Trustee under the Trust Agreement dated
November 11, 2013, and known as Trust No. 8002363356, which person is personally known to me to
be the same person whose name is subscribed to the foregoing instrument, appeared before me this day
in person and acknowledged that he/she signed and delivered the said instrument as his/her own free and
voluntary act, and as the free and voluntary act of said limited liability company, for the uses and
purposes therein set forth.
GIVEN under my hand and Notarial Seal this day of February, 2021.
Notary Public
My commission expires:
[NOTARY SEAL OR STAMP]
[Signature page to Annexation Agreement]
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STATE OF ILLINOIS
) SS
COUNTY OF COOK
CHICAGO TITLE LAND TRUST COMPANY,
AS TRUSTEE UNDER THE TRUST
AGREEMENT DATED JULY 26, 2006, AND
KNOWN AS TRUST NO. 8002347031
By: GMA Properties, LLC
Its: Beneficiary
By:
Mario Gullo
Its: Manager
The foregoing instrument was acknowledged before me this day of February, 2021, by Mario
Gullo, as the Manager of GMA Properties, LLC, an Illinois limited liability company, which is the
beneficiary of Chicago Title Land Trust Company, as Trustee under the Trust Agreement dated July 26,
2006, and known as Trust No. 8002347031, which person is personally known to me to be the same
person whose name is subscribed to the foregoing instrument, appeared before me this day in person and
acknowledged that he/she signed and delivered the said instrument as his/her own free and voluntary act,
and as the free and voluntary act of said limited liability company, for the uses and purposes therein set
forth.
GIVEN under my hand and Notarial Seal this day of February, 2021.
Notary Public
My commission expires:
[NOTARY SEAL OR STAMP]
[Signature page to Annexation Agreement]
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STATE OF ILLINOIS
) SS
COUNTY OF COOK
AGG PROPERTIES LLC, an Illinois limited
liability company
By:
Mario Gullo
Its: Manager
The foregoing instrument was acknowledged before me this day of February, 2021, by Mario
Gullo, as the Manager of AGG Properties LLC, an Illinois limited liability company, which person is
personally known to me to be the same person whose name is subscribed to the foregoing instrument,
appeared before me this day in person and acknowledged that he/she signed and delivered the said
instrument as his/her own free and voluntary act, and as the free and voluntary act of said limited liability
company, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this day of February, 2021.
Notary Public
My commission expires:
[NOTARY SEAL OR STAMP]
[Signature page to Annexation Agreement]
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ATTEST
C
Its: Village Clerk
THE VILLAGE OF ELK GROVE VILLAGE
IC
Its: Mayor
[Signature page to Annexation Agreement]
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Chicago Title Land Trust Company, as Trustee under the Trust Agreement dated October
10, 2017, and known as Trust No. 8002376072: 2010 E. Higgins Road, Elk Grove Village,
Illinois 60007 (PINS 08-26-102-002-0000; 08-26-102-036-0000; 08-26-102-040-0000).
PARCEL A - THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION
26, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, LYING NORTHERLY AND NORTHEASTERLY OF THE CENTER
LINE OF HIGGINS ROAD, DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF SAID TRACT IN THE CENTER OF HIGGINS ROAD;
THENCE NORTHERLY ALONG THE WEST LINE OF SAID TRACT, 377.60 FEET;
THENCE EAST AT RIGHT ANGLES 100 FEET; THENCE SOUTH PARALLEL TO
THE WEST LINE OF SAID TRACT, 493.60 FEET TO THE TO THE CENTER LINE
OF HIGGINS ROAD, THENCE NORTHWESTERLY 153.15 FEET TO THE PLACE
OF BEGINNING. ALSO THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4
OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF SAID TRACT IN THE CENTER OF HIGGINS ROAD;
THENCE NORTH ALONG THE WEST LINE OF THE EAST 1/2 OF THE
NORTHWEST 1/4 OF SAID SECTION 26, 377.60 FEET TO THE POINT OF
BEGINNING; THENCE EAST NORMAL TO THE LAST DESCRIBED LINE 281.11
FEET TO THE SOUTHERLY LINE OF THE LANDS OF THE NORTHERN ILLINOIS
GAS COMPANY; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE
OF THE LANDS OF THE NORTHERN ILLINOIS GAS COMPANY, SAID LINE
BEING AN ARC CONVEX TO THE SOUTHWEST AND HAVING A RADIUS OF
3072.29 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF
SAID SECTION 26; THENCE SOUTH ALONG THE WEST LINE OF THE EAST 1/2
OF THE NORTHWEST 1/4 OF SAID SECTION 26, 180.87 FEET TO THE POINT OF
BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
PARCEL B - THE EAST 240.00 FEET OF THE WEST 340.00 FEET OF THE SOUTH
210.00 FEET OF THE NORTH 920.70 FEET OF THE EAST 1/2 OF THE NORTHWEST
1/4 OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, EXCEPTING FROM THE ABOVE- DESCRIBED
PREMISES THAT PART THEREOF FALLING NORTHEASTERLY OF A LINE
DRAWN 82.50 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE
SOUTHWESTERLY RIGHT OF WAY LINE OF THE NORTHWEST TOLLWAY, IN
COOK COUNTY, ILLINOIS.
2. Chicago Title Land Trust Company, as Trustee under the Trust Agreement dated August
8, 2018, and known as Trust No. 8002378737: 2050 E. Higgins Road, Elk Grove Village,
Illinois 60007 (PIN 08-26-102-041-0000).
THE EAST 240 FEET OF THE WEST 340 FEET OF THE EAST 112 OF THE
NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 11 EAST OF
THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTER LINE OF
HIGGINS ROAD (EXCEPT THEREFROM THE NORTH 710.70 FEET THEREOF)
AND (EXCEPT THAT PART CONVEYED TO NORTHERN ILLINOIS GAS
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COMPANY, A CORPORATION OF ILLINOIS BY DEED RECORDED APRIL 8, 1959
AS DOCUMENT 17502849) AND (EXCEPT THE EAST 240 FEET OF THE WEST 340
FEET OF THE SOUTH 210 FEET OF THE NORTH 920.70 FEET OF THE EAST HALF
OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH,
RANGE I 1 EAST OF THE THIRD PRINCIPAL MERIDIAN) IN COOK COUNTY,
ILLINOIS.
3. Chicago Title Land Trust Company, as Trustee under the Trust Agreement dated
November 2, 2004, and known as Trust No. 133485: 2101 E. Higgins Road, Elk Grove
Village, Illinois 60007 (PIN 08-26-103-014-0000).
THAT PART OF LOT 1 DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF LOT 1 BEING IN THE CENTER LINE OF HIGGINS
ROAD; THENCE SOUTH 00 DEGREES 34 MINUTES I 1 SECONDS WEST ALONG
THE WEST LINE THEREOF 76.49 FEET TO A LINE 50.0 FEET SOUTHWESTERLY
OF AND PARALLEL WITH THE CENTER LINE OF HIGGINS ROAD; THENCE
SOUTH 40 DEGREES 15 MINUTES 10 SECONDS EAST ALONG SAID PARALLEL
LINE 601.76 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
SOUTH 40 DEGREES 15 MINUTES 10 SECONDS EAST 370.89 FEET; THENCE
SOUTH 49 DEGREES 44 MINUTES 50 SECONDS WEST 10.0 FEET; THENCE
SOUTH 40 DEGREES 15 MINUTES 10 SECONDS EAST 35.29 FEET TO THE
CENTER LINE OF CREEK; THENCE SOUTH 48 DEGREES 39 MINUTES 20
SECONDS WEST ALONG THE CENTER LINE OF CREEK 189.70 FEET; THENCE
SOUTH 69 DEGREES 41 MINUTES 20 SECONDS WEST 15.76 FEET; THENCE
NORTH 40 DEGREES 15 MINUTES 1 I SECONDS WEST 404.42 FEET TO A LINE
DRAWN PERPENDICULAR TO THE CENTER LINE OF HIGGINS ROAD
THROUGH THE POINT OF BEGINNING; THENCE NORTH 49 DEGREES 44
MINUTES 50 SECONDS EAST 214.49 FEET TO THE POINT OF BEGINNING, ALL
IN THE SUBDIVISION OF THE ESTATE OF HENRY LANDMEIER BEING A PART
OF SECTIONS 26 AND 35, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
4. Chicago Title Land Trust Company, as Trustee under the Trust Agreement dated
November 11, 2013, and known as Trust No. 8002363357: 2151 E. Higgins Road, Elk
Grove Village, Illinois 60007 (PIN 08-26-103-015-0000).
THAT PART LYING NORTH OF THE CENTER OF CREEK OF LOT 1 IN THE
SUBDIVISION OF THE ESTATE OF HENRY LANDMEIER, BEING PART OF
SECTIONS 26 AND 35, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, SAID PART OF LOT 1, BEING MORE PARTICULARLY
DESCRIBED BY BEGINNING AT A POINT IN THE WEST LINE THEREOF WHICH
IS 158.65 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT 1; THENCE
NORTH 1423.54 FEET ALONG THE WEST LINE OF SAID LOT 1 TO THE
NORTHWEST CORNER THEREOF, AND THE CENTER OF HIGGINS ROAD;
THENCE SOUTH 40 DEGREES, 46 MINUTES, 30 SECONDS EAST ALONG THE
NORTHEASTERLY LINE OF SAID LOT 1 AND THE CENTER OF HIGGINS ROAD,
1064.68 FEET TO THE CENTER LINE OF CREEK; THENCE ALONG THE CENTER
LINE OF CREEK SOUTH 48 DEGREES 08 MINUTES WEST, 249.71 FEET; THENCE
SOUTH 69 DEGREES 10 MINUTES WEST, 188 FEET; THENCE SOUTH 49
DEGREES 21 MINUTES WEST, 394.44 FEET; THENCE SOUTH 15 DEGREES, 10
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MINUTES, 50 SECONDS WEST, 131.40 FEET ALONG THE CENTER LINE OF SAID
CREEK TO THE PLACE OF BEGINNING, (EXCEPTING FROM SAID PART OF LOT
1 THE SOUTHWESTERLY 17 FEET OF THE NORTHEASTERLY 50 FEET
THEREOF FOR HIGGINS ROAD); (EXCEPTING FROM SAID PART OF LOT I THE
SOUTHWESTERLY 10 FEET OF THE NORTHEASTERLY 60 FEET THEREOF,
BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE
INTERSECTION OF THE NORTHEASTERLY LINE OF SAID LOT I AND THE
CENTER LINE OF CREEK; THENCE SOUTHWESTERLY ALONG SAID CENTER
LINE OF CREEK, A DISTANCE 50 FEET FOR A POINT OF BEGINNING; THENCE
NORTHWESTERLY AND PARALLEL TO THE NORTHEASTERLY LINE OF SAID
LOT 1, A DISTANCE OF 35 FEET TO A POINT; THENCE SOUTHWEST AND AT
RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A DISTANCE OF 10 FEET
TO A POINT; THENCE SOUTHEAST AND PARALLEL TO THE NORTHEASTERLY
LINE OF SAID LOT 1, A DISTANCE OF 35 FEET TO THE CENTER LINE OF
CREEK; THENCE NORTHEAST 10 FEET (AS MEASURED ALONG SAID CENTER
LINE) TO THE PLACE OF BEGINNING); (EXCEPTING THAT PART OF LOT 1
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF
LOT 1 BEING IN THE CENTER LINE OF HIGGINS ROAD; THENCE SOUTH 00
DEGREES 34 MINUTES I I SECONDS WEST ALONG THE WEST LINE THEREOF
76.49 FEET TO A LINE 50 FEET SOUTHWESTERLY OF AND PARALLEL WITH
THE CENTER LINE OF HIGGINS ROAD; THENCE SOUTH 40 DEGREES 15
MINUTES 10 SECONDS EAST ALONG SAID PARALLEL LINE 601.76 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 40 DEGREES 15
MINUTES 10 SECONDS EAST 370.89 FEET; THENCE SOUTH 49 DEGREES 44
MINUTES 50 SECONDS WEST 10 FEET; THENCE SOUTH 40 DEGREES 15
MINUTES 10 SECONDS EAST 35.29 FEET TO THE CENTER LINE OF CREEK;
THENCE SOUTH 48 DEGREES 39 MINUTES 20 SECONDS WEST ALONG THE
CENTER LINE OF CREEK 189.70 FEET; THENCE SOUTH 69 DEGREES 41
MINUTES 20 SECONDS WEST 15.76 FEET; THENCE NORTH 40 DEGREES 15
MINUTES 11 SECONDS WEST 404.42 FEET TO A LINE DRAWN
PERPENDICULAR TO THE CENTER LINE OF HIGGINS ROAD THROUGH THE
POINT OF BEGINNING; THENCE NORTH 49 DEGREES 44 MINUTES 50 SECONDS
EAST 214.48 FEET TO THE POINT OF BEGINNING); (EXCEPTING THAT PART OF
LOT I DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF LOT I BEING IN THE CENTER LINE OF HIGGINS ROAD; THENCE
SOUTH 00 DEGREES 34 MINUTES 11 SECONDS WEST ALONG THE WEST LINE
THEREOF 76.49 FEET TO A LINE 50 FEET SOUTHWESTERLY OF AND
PARALLEL WITH THE CENTER LINE OF HIGGINS ROAD; THENCE SOUTH 40
DEGREES 15 MINUTES 10 SECONDS EAST ALONG SAID PARALLEL LINE 601.76
FEET; THENCE SOUTH 49 DEGREES 44 MINUTES 50 SECONDS WEST AT RIGHT
ANGLES THERETO 214.48 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 40 DEGREES 15 MINUTES 10 SECONDS EAST 404.42 FEET TO THE
CENTER OF CREEK; THENCE SOUTH 69 DEGREES 41 MINUTES 20 SECONDS
WEST 172.24 FEET; THENCE SOUTH 49 DEGREES 52 MINUTES 20 SECONDS
WEST 394.44 FEET; THENCE SOUTH 16 DEGREES 24 MINUTES 41 SECONDS
WEST ALONG THE CENTER LINE OF SAID CREEK 129.96 FEET TO A POINT IN
THE WEST LINE OF SAID LOT 1 WHICH IS 158.65 FEET NORTH OF THE
SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 00 DEGREES 34
MINUTES 11 SECONDS EAST ALONG SAID WEST LINE 523.77 FEET TO A POINT
WHICH IS 897.95 FEET SOUTH OF THE NORTHWEST CORNER THEREOF;
THENCE SOUTH 89 DEGREES 25 MINUTES 49 SECONDS EAST AT RIGHT
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ANGLES THERETO 215.40 FEET; THENCE NORTH 00 DEGREES 34 MINUTES I I
SECONDS EAST 205.47 FEET TO A POINT OF CURVE; THENCE
NORTHWESTERLY AND HAVING A RADIUS OF 15.00 FEET FOR A DISTANCE
OF 12.87 FEET TO A POINT OF TANGENCY; THENCE NORTH 49 DEGREES 44
MINUTES 50 SECONDS EAST 13.86 FEET TO THE POINT OF BEGINNING)
(EXCEPTING THAT PART OF LOT 1 DESCRIBED AS FOLLOWS: COMMENCING
AT THE NORTHWEST CORNER OF LOT I BEING IN THE CENTER LINE OF
HIGGINS ROAD; THENCE SOUTH 00 DEGREES 34 MINUTES I 1 SECONDS WEST
ALONG THE WEST LINE THEREOF 76.49 FEET TO A LINE 50 FEET
SOUTHWESTERLY OF AND PARALLEL WITH THE CENTER LINE OF HIGGINS
ROAD; THENCE SOUTH 40 DEGREES 15 MINUTES 10 SECONDS EAST ALONG
SAID PARALLEL LINE 601.76 FEET; THENCE SOUTH 49 DEGREES 44 MINUTES
50 SECONDS WEST AT RIGHT ANGLES THERETO 214.48 FEET TO THE POINT
OF BEGINNING; THENCE NORTH 40 DEGREES 15 MINUTES 10 SECONDS WEST
112.73 FEET TO A LINE DRAWN PERPENDICULAR TO THE WEST LINE OF SAID
LOT THROUGH A POINT THEREIN 586.76 FEET SOUTH OF THE NORTHWEST
CORNER THEREOF; THENCE NORTH 89 DEGREES 25 MINUTES 49 SECONDS
WEST ALONG SAID PERPENDICULAR LINE 15 7.3 8 FEET TO SAID POINT IN THE
WEST LINE OF SAID LOT BEING 586.76 FEET SOUTH OF THE NORTHWEST
CORNER THEREOF; THENCE SOUTH 00 DEGREES 34 MINUTES 11 SECONDS
WEST ALONG SAID WEST LINE 311.19 FEET; THENCE SOUTH 89 DEGREES 25
MINUTES 49 SECONDS EAST AT RIGHT ANGLES THERETO 215.40 FEET;
THENCE NORTH 00 DEGREES 34 MINUTES 11 SECONDS EAST 205.47 FEET TO
A POINT OF CURVE; THENCE NORTHWESTERLY AND HAVING A RADIUS OF
15.00 FEET FOR A DISTANCE OF 12.87 FEET TO A POINT OF TANGENCY;
THENCE NORTH 49 DEGREES 44 MINUTES 50 SECONDS EAST 13.86 FEET TO
THE POINT OF BEGINNING), ALL IN COOK COUNTY, ILLINOIS.
Chicago Title Land Trust Company, as Trustee under the Trust Agreement dated
November 11, 2013, and known as Trust No. 8002363356: 650 Roppolo Drive, Elk Grove
Village, Illinois 60007 (PINs 08-26-103-016-0000 and 08-26-103-017-0000).
PARCEL 1: THAT PART OF LOT I DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHWEST CORNER OF LOT 1 BEING IN THE CENTER LINE OF HIGGINS
ROAD; THENCE SOUTH 00 DEGREES 34 MINUTES 11 SECONDS WEST ALONG
THE WEST LINE THEREOF 76.49 FEET TO A LINE 50 FEET SOUTHWESTERLY
OF AND PARALLEL WITH THE CENTER LINE OF HIGGINS ROAD; THENCE
SOUTH 40 DEGREES 15 MINUTES 10 SECONDS EAST ALONG SAID PARALLEL
LINE 601.76 FEET; THENCE SOUTH 49 DEGREES 44 MINUTES 50 SECONDS
WEST AT RIGHT ANGLES THERETO 214.48 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 40 DEGREES 15 MINUTES 10 SECONDS WEST
112.73 FEET TO A LINE DRAWN PERPENDICULAR TO THE WEST LINE OF SAID
LOT THROUGH A POINT THEREIN 586.76 FEET SOUTH OF THE NORTHWEST
CORNER THEREOF; THENCE NORTH 89 DEGREES 25 MINUTES 49 SECONDS
WEST ALONG SAID PERPENDICULAR LINE 157.38 FEET TO SAID POINT IN THE
WEST LINE OF SAID LOT BEING 586.76 FEET SOUTH OF THE NORTHWEST
CORNER THEREOF; THENCE SOUTH 00 DEGREES 34 MINUTES I 1 SECONDS
WEST ALONG SAID WEST LINE 311.19 FEET; THENCE SOUTH 89 DEGREES 25
MINUTES 49 SECONDS EAST AT RIGHT ANGLES THERETO 215.40 FEET;
THENCE NORTH 00 DEGREES 34 MINUTES 11 SECONDS EAST 205.47 FEET TO
A POINT OF CURVE; THENCE NORTHWESTERLY AND HAVING A RADIUS OF
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15.00 FEET FOR A DISTANCE OF 12.87 FEET TO A POINT OF TANGENCY;
THENCE NORTH 49 DEGREES 44 MINUTES 50 SECONDS EAST 13.86 FEET TO
THE POINT OF BEGINNING, ALL IN THE SUBDIVISION OF THE ESTATE OF
HENRY LANDMEIER, BEING A PART OF SECTIONS 26 AND 35, TOWNSHIP 41
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY, ILLINOIS.
PARCEL 2: THAT PART OF LOT I DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHWEST CORNER OF LOT 1 BEING IN THE CENTER LINE OF HIGGINS
ROAD; THENCE SOUTH 00 DEGREES 34 MINUTES l I SECONDS WEST ALONG
THE WEST LINE THEREOF 76.49 FEET TO A LINE 50 FEET SOUTHWESTERLY
OF AND PARALLEL WITH THE CENTER LINE OF HIGGINS ROAD; THENCE
SOUTH 40 DEGREES 15 MINUTES 10 SECONDS EAST ALONG SAID PARALLEL
LINE 601.76 FEET; THENCE SOUTH 49 DEGREES 44 MINUTES 50 SECONDS
WEST AT RIGHT ANGLES THERETO 214.48 FEET; THENCE NORTH 40 DEGREES
15 MINUTES 10 SECONDS WEST 112.73 FEET TO A LINE DRAWN
PERPENDICULAR TO THE WEST LINE OF SAID LOT THROUGH A POINT
THEREIN 586.76 FEET SOUTH OF THE NORTHWEST CORNER THEREOF;
THENCE NORTH 89 DEGREES 25 MINUTES 49 SECONDS WEST ALONG SAID
PERPENDICULAR LINE 157.38 FEET TO SAID POINT IN THE WEST LINE OF
SAID LOT BEING 586.76 FEET SOUTH OF THE NORTHWEST CORNER THEREOF;
THENCE SOUTH 00 DEGREES 34 MINUTES 11 SECONDS WEST ALONG SAID
WEST LINE 311.19 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
SOUTH 00 DEGREES 34 MINUTES I l SECONDS WEST 40.00 FEET; THENCE
SOUTH 89 DEGREES 25 MINUTES 49 SECONDS EAST AT RIGHT ANGLES
THERETO 215.40 FEET; THENCE NORTH 00 DEGREES 34 MINUTES 11 SECONDS
EAST 40.00 FEET; THENCE NORTH 89 DEGREES 25 MINUTES 49 SECONDS
WEST 215.40 FEET TO THE POINT OF BEGINNING, ALL IN THE SUBDIVISION
OF THE ESTATE OF HENRY LANDMEIER, BEING A PART OF SECTIONS 26 AND
35, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
6. Chicago Title Land Trust Company, as Trustee under the Trust Agreement dated July 26,
2006, and known as Trust No. 8002347031: 2201 E. Higgins Road, Elk Grove Village,
Illinois 60007 (P1Ns 08-26-103-02 1 -0000 and 08-26-103-022-0000).
THAT PART OF LOT 1 IN THE SUBDIVISION OF THE ESTATE OF HENRY
LANDMEIER, BEING A PART OF SECTIONS 26 AND 35, TOWNSHIP 41 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE
EAST 353.71 FEET THEREOF WITH THE NORTH LINE OF THE SOUTH 82.5 FEET
THEREOF; THENCE NORTH 89 DEGREES 55 MINUTES 48 SECONDS WEST
ALONG THE NORTH LINE OF THE SOUTH 82.5 FEET AFORESAID, 335.49 FEET;
THENCE NORTH 17 DEGREES 54 MINUTES 34 SECONDS EAST, 146.84 FEET;
THENCE SOUTH 89 DEGREES 55 MINUTES 48 SECONDS EAST, 27.31 FEET;
THENCE NORTH 17 DEGREES 54 MINUTES 34 SECONDS EAST, 10.73 FEET;
THENCE SOUTH 89 DEGREES 55 MINUTES 48 SECONDS EAST, 10.29 FEET;
THENCE NORTH 17 DEGREES 54 MINUTES 34 SECONDS EAST, 63.96 FEET;
THENCE NORTH 18 DEGREES 39 MINUTES 59 SECONDS EAST, 42.13 FEET;
THENCE NORTH 26 DEGREES 39 MINUTES 17 SECONDS EAST, 69.42 FEET;
THENCE NORTH 69 DEGREES 23 MINUTES 24 SECONDS EAST, 10.54 FEET;
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THENCE NORTHEASTERLY ALONG AN ARC OF A CIRCLE CONVEX
NORTHWESTERLY AND HAVING A RADIUS OF 505.0 FEET FOR AN ARC
DISTANCE OF 124.52 FEET TO THE SOUTHWESTERLY LINE OF THE
NORTHEASTERLY 50.0 FEET OF SAID LOT I (THE CHORD OF SAID ARC
HAVING A BEARING OF NORTH 57 DEGREES 18 MINUTES 33 SECONDS EAST);
THENCE SOUTH 40 DEGREES 15 MINUTES 10 SECONDS EAST ALONG SAID
SOUTHWESTERLY LINE OF SAID NORTHEASTERLY 50.0 FEET, FOR A
DISTANCE OF 158.75 FEET TO THE WEST LINE OF THE EAST 353.71 FEET OF
LOT 1 AFORESAID; THENCE SOUTH 00 DEGREES 30 MINUTES 12 SECONDS
WEST ALONG THE LAST DESCRIBED LINE, 294.47 FEET TO THE POINT OF
BEGINNING, IN COOK COUNTY, ILLINOIS.
AGG Properties LLC: 750 Richard Lane, Elk Grove Village, Illinois 60007 (PIN 08-26-
301-045-0000).
THE SOUTH 159.58 FEET OF THE NORTH 389.58 FEET OF THE EAST 360 FEET
OF THE WEST 986.4 FEET OF THE SUBDIVISION OF THE ESTATE OF HENRY
LANDMEIER, BEING A PART OF SECTIONS 26 AND 35, TOWNSHIP 41 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
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